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Regulation

  • Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.

    July 01, 2016Robert M. Jason
  • Earlier this year, a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for its claims against Guaranteed Rate, which alleged Guaranteed ' along with other former employees of MOMC ' illegally transferred hundreds of loan files from MOMC's internal systems to Guaranteed. The award is notable for showcasing how important it is for a company to maintain control of its data security, both from external threats and employees.

    July 01, 2016Craig Nazzaro and Tracy E. Weir
  • On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.

    July 01, 2016Ricci Dipshan
  • In an emerging trend, chief executive officers and chief financial officers of companies settling U.S. Securities and Exchange Commission (SEC) financial reporting cases are personally paying back bonuses and other incentive-based compensation, despite the absence of accusations of personal misconduct or formal SEC actions against them individually.

    July 01, 2016Marc Fagel, Monica Loseman and Scott Campbell
  • A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source.

    July 01, 2016Zoe Tillman and C. Ryan Barber
  • Various regulatory authorities continue to focus on and expand the role and responsibility of the independent audit committee, including not only its oversight role, but also its disclosure requirements.

    July 01, 2016William L. Floyd
  • After years of discussion, Congress recently enacted federal legislation establishing a private right of action for misappropriation of trade secrets, vesting the federal courts with original jurisdiction over the litigation of such claims. After signaling his support for some time, the President signed the bill into law May 11.

    June 01, 2016Michael P. Broadhurst, Kevin M. Passerini and Leigh Ann Buziak
  • Compared with the rest of the world, the United States has historically been a more open framework when dealing with information. Social media has made even the most mundane and possibly personal pieces of data available to many with a press of a finger. Such an open relinquishment of private information is almost assumed and has become part of the American culture. Those who think about how easy it is to access data understand how their own data has become part of the searchable cyberspace.

    June 01, 2016Steven Rubin and Stephen Milne
  • New changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) went into effect on May 2, 2016, after much public comment and gnashing of teeth. Among the plethora of rule changes that were announced, two in particular stand out as most substantive for both patent owners and their challengers.

    June 01, 2016Kean J. DeCarlo